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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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If a woman is caught cheating will she automaticlly lose custody

Resolved Question:

If a woman is caught cheating will she automaticlly lose custody of her kids in the divorce?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
No, she does not automatically lose custody of her kids in a divorce. However, she may not be the custodial parent of the children, if the mother exposed the children to this third individual. Some court's frown upon this and may result in awarding primary custody to the other parent and the mother gets visitation. But if the children were not exposed to this third individual, the court can permit mom to remain the primary custodian if the best interests are best bet in mom's custody.

The court will look at the following factors in GA:

And I quote:

Primary custody:

Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt?


What are the psychological and physical capacities of the parties seeking custody? The court may also consider evidence of abuse by a party against the other parent, the party's spouse, or any child residing within the party's household (including another child).

Ability to Maintain Family Relationships

Who will be able to keep the child's family most intact? Who is going to let the child speak with their ex-mother-in-law, for example? Who will not penalize the child for any adverse action on the part of the other parent.

Child Preference

The decision of the court may be considered reversible error if they won't hear the child's preference. However, the court has the discretion to interview the child out of the parents' presence. A child as young as 5 or 6 years of age may be heard. Though it is rare the court will hear from a child under 7 years, the child's ability to tell the truth from fiction and maturity will be the guidelines for whether a child may be heard. A child of 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody. Additionally, the court has the power to appoint an attorney for the child in contested cases.

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